Case Report. A naked male torso holding a large hemp shaped soap leaf in front of his genital area.

Transcription

1 Case Report 1 Case Number 0214/15 2 Advertiser The Body Shop 3 Product Toiletries 4 Type of Advertisement / media Poster 5 Date of Determination 10/06/ DETERMINATION Dismissed ISSUES RAISED Discrimination or Vilification Gender Objectification Exploitative and degrading - men Sex/sexuality/nudity S/S/N - general Sex/sexuality/nudity S/S/N - nudity Health and Safety Within prevailing Community Standards DESCRIPTION OF THE ADVERTISEMENT A naked male torso holding a large hemp shaped soap leaf in front of his genital area. THE COMPLAINT A sample of comments which the complainant/s made regarding this advertisement included the following: I was offended because the product was barely covering his genitals (you could see pubic hair I think?!), it had what I thought was explicitly sexual content about masturbation/ sex, and I have a three year old daughter who stopped to look at it. I didn't really want her to see it. Exposed to children very inappropriate Picture of naked man with a leave barely covering his genitals. The Body Shop has a large advertisement poster in the shopping mall right in front of the escalator my kids and I use and the poster has an image of a naked man covering his private parts with a leaf hanging on a rope. This is nudity and soft porn and should not be in a shopping mall where kids can see it my kids were offended and so was I. This is a shopping

2 mall where kids are walking around and not an area for an adult store. I would request that you get bodyshop to get this advertisment removed. I am ok with it being on their website but not in their stores where innocent children are effected. My friends and I frequently walk past this advertisement with our very young children. My 7 year old daughters jaw dropped when she saw the picture. It is highly inappropriate to be in a public place where families frequent. Suggestive pictures being borderline pornography are not ok in public and I am disappointed that this has been allowed. This poster, which I would describe as soft porn is in an area frequented by people of all ages including children. In an era when we are paying massive compensation to abused children and hearing about grooming by paedophiles the picture alone sends the wrong message about what degree of nudity is acceptable. The tag line is offensively suggestive. This is a public space- children are bombarded with this obscene advertising without theirs or my concent. Public spaces should be safe for little eyes. The nakedness is not suitable for a general audience. If this man was actually standing in the window of the Body Shop he would be arrested for indecent exposure. If he presented himself to any of the shoppers in the centre he would likewise be arrested. Children are facing a wallpaper of sexual messages and added to this we now have the reference to cannabis. On the Body Shop website the ad is explained further with - Three dope facts about hemp. Our state governments have developed advertising campaigns to persuade our young people of the dangers of illicit drug use. We do not need irresponsible advertising by the body shop to downplay any seriousness of using cannabis for anything other than medicinal. Sex and Drugs - used inappropriately in this advertising. I object to and am offended by the ad. I was taking my son along with me to the Canberra Centre. When we were in front of the Body Shop he asked me why there was a huge poster of a naked man. I couldn't really say the truth to him. Is objectifying men and exposing young boys to these images considered ok? I fear the effect this has on his mind. The poster is overtly sexualised and sexually implicit, with connotations of cannabis use specifically related to both the shape of the product as well as the slogan. The product itself contains hemp seed oil a product of hemp after significant processing. The shape of the soap however is more closely suggestive of the physical nature of he hemp/cannabis plant which is generally associated with drug use. I was appalled and disgusted when I was walking past the body shop with my 6 year old daughter and we saw the latest body shop advertisement. The poster at the front of the body shop showed a naked, ripped male holding a hemp soap which JUST covers his penis and shows his pubic hair. As i was walking past with my 6 year old daughter i was disgusted and angered when she saw it too and looked at me with wide open eyes. This type of promotion material is simply not appropriate to be displayed in such a public area where small children are. I am disguised and shocked it's even up and used for their promotional material. He's nearly naked and I have children, if it was a female in the ad some women would be mad. I and a grandmother of 15 grandchildren and often take them to the shopping mall, this poster is extremely provocative and I don't believe that children should be subjected to this

3 kind of advertising. The wording is too suggestive and the photo is also. Do we really want our children looking at this naked man and drug out the front of what used to be my favourite shop? The title "get your hands on the good stuff" is urging viewers get their hands on the drug displayed, and to get your hands on a naked man part. The whole poster is so inappropriate for a family shopping centre. Is this really the message we want to be sending to our next generation? It is not necessary to use nude males to advertise body products in an open forum such as a retail shopping pre-cut. The shopping centre is a place where small children are taken with their parents. I find it offensive to have a full window sized poster of a naked man which is clearly designed to have the man's genitalia as the focal point (as the man's head was not included, just the torso) and the artificial hemp leaf just barely covered his penis. I do not think this is acceptable advertising in a place where innocent and vulnerable young children frequent. The caption is incredibly offensive & sexual in its connotation. I have young children & find it unacceptable to have this sort of display in public where I am unable to protect them from this bombardment of visual display. I would also question the censor rating of an image such as this. Firstly do they really think this will sell hemp products, this does not encourage me to buy hemp. The add is very sexual and doesn't need to be so. The ad clearly indicates the good stuff is the man s genital area not the product being advertised. I do not want to walk past here with my children whom one can now read. The image is porn. I do not want my children exposed to this image in what is supposed to be a family friendly shopping centre. This image is extremely large and is completely unnecessary. It violates the rights of children to feel protected. The poster contains a naked man who's groin area is just covered by the soap and some shading. It's soft porn on the front of their shop and other media outlets. I personally don't want my children seeing this just by walking through a shopping centre. It us adult material to be viewed by adults only if they choose. These large posters are hanging in the front window of every body shop store in every public retail mall. Children and families deserve a space to be able to shop without having images like these easily available to their view. The blatant sexualisation of men and women through advertising is not something young children (as an absolute minimum!) should have to be exposed to in a public place like that. It is a large pornographic picture of a man's groin. There is shading and he is holding the soap to cover his penis but it is still very sexualised. It makes my children and I feel very uncomfortable in what should be a safe environment. By placing this sort of picture in a public area we are teaching children and others that sexualisation of the body is normal and encouraged. How are we meant to teach our girls and boys about the danger of rape and pedophilia when posters like this are plastered around the place. As a counsellor who sees the horrid effects of pornography on rape, I am really disappointed and appalled that this poster and others like it are allowed to be displayed so publicly.

4 Objectification of men. The image is quite graphic, and I am embarrassed walking past it, and would be horrified if children saw it. THE ADVERTISER S RESPONSE Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following: In May/June 2015, The Body Shop Australia activated a global campaign online and in-store to promote our iconic hemp bodycare range. Hemp has long-proven moisturising and healing properties for the skin and body and has been a longstanding, effective hero ingredient in our range. A poster was displayed in all store windows, with complimentary imagery used on our website and social media channels. The image, of a man s upper torso and arms holding a large hemp soap on a rope, was featured with the tagline Get Your Hands on the Good Stuff; Hemp Soap on a Rope. Our core business focuses on bath and body products, making it relevant to feature these products (tastefully) in situ (i.e. in a bath/shower setting). As an aside, this image is consistent with our ongoing Hemp campaign imagery used over the past 2 decades around the world. Furthermore, it is quite similar to the image used in our Wake up with a Big One campaign last year, which also received similar complaints that were subsequently dismissed by your organisation. Whilst the model is featured shirtless, and contrary to some of the complaints lodged, absolutely no evident genitalia or public hair is shown. The soap, one of our hero products from the hemp range, fully covers his groin area and no more nudity than what one might see at the beach is on view (i.e. a naked torso). Whilst the campaign has received a fair number of consumer complaints from the organisation Collective Shout and other conservative consumers, it has received an overwhelmingly positive response from even more consumers online, in social media, in store and through our Customer Service Department. The negative attention has been far outweighed by the positive response to our brand and has reaffirmed to consumers what we stand for: irreverent, tongue in cheek humour without exploiting or degrading any individual or group. Whilst The Body Shop has never been boring, we have a longstanding values commitment to respecting and celebrating people from all walks of life, the environment and animals. We are adamantly opposed to sexual exploitation of any kind and have absolutely not sought to exploit anyone with this campaign. Our social media response to any complaints remains consistent: Our communication has always been a little different. That s our personality as a brand and we re sure you ve noticed this through many of our communication campaigns. We stand strongly by our values which are at the heart of everything that we do. We have been a strong force for positive social and environmental change both locally and globally through our campaigns. You may remember Stop Sex Trafficking of Children and Young People ( ), where we collected 7,044,278 petition signatures with 225,328 of them in Australia alone to make it one of the biggest ever petitions tabled in our country s parliament to date. When our Hemp range was launched in 1998, it did cause some controversy in the press. However, the product works so well and our customers supported it so much that our Hemp Hand Protector still remains one of our best-selling products all around the world! Our latest Hemp campaign is designed to be tongue-in-cheek and irreverent, which we believe shows off our brand s bold personality perfectly.

5 Australian radio station NOVA conducted a listener survey in response to the negative sentiment directed toward our hemp campaign: The results are indicative of widespread consumer sentiment brought to our attention: (61% indication "there's nothing wrong with it.") As a values-rich bath and bodycare brand that has always communicated in a bold but nonexploitative manner, our imagery in this campaign is relevant, in context and absolutely no more exploitative than any swimwear, underwear or bath and bodycare advertising you may expect to see on the street. No paid media was used to promote this range. Whilst the model used is clearly physically fit, he is absolutely covered in all the right places. As an aside, I do wonder whether we would have received as much negative attention had the model been less physically fit, as he clearly draws attention on that basis alone. We have received hundreds of customer responses in support of this campaign, all in the same vain: Have any of you been to the beach recently? This is a bit of fun but surely not inappropriate. Any claims that this campaign fosters perversion or sexual abuse is ridiculous. We stand by our communication as being a bit fun but surely within the boundaries of advertising ethics. Whilst I will be overseas on business until June 09, I am available via should you have any further questions related to this case. I thank you in advance for your careful consideration of our defence and hope to achieve a similar outcome as we did last year in relation to similar complaints. THE DETERMINATION The Advertising Standards Board ( Board ) considered whether this advertisement breaches Section 2 of the Advertiser Code of Ethics (the Code ). The Board noted the complainants concerns that the advertisement features an image of a male torso that is inappropriate for viewing by a broad audience that includes children and that the image of the man is degrading, offensive and using his body in this manner is inappropriate. The Board noted further concerns that the use of a hemp leaf in the advertisement is encouraging drug use. The Board viewed the advertisement and noted the advertiser s response. The Board considered whether the advertisement complied with Section 2.1 of the Code which requires that 'advertisements shall not portray or depict material in a way which discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, gender, age, sexual preference, religion, disability, mental illness or political belief.' The Board noted this poster advertisement features the naked torso of a man. His genitals are covered by a large hemp shaped leaf which is the advertised product soap on a rope. The text above the image reads: Get your hands on the good stuff. The Board noted that it is not unreasonable for an advertiser to show a fit and healthy looking model with an attractive torso in order to highlight the product that they are trying to sell. The Board noted that the model is not posed in an overtly sexualised manner and his genitals are fully covered by the soap product he is holding. The Board acknowledged that some members of the community would prefer that men were

6 not used in a manner which utilises their gender to promote a product but considered in this instance the model is promoting a product that is directly related to showering and nakedness ie: a soap and that the portrayal of his body in the advertisement does not discriminate against or vilify a person or section of the community on account of gender. The Board considered that the advertisement did not portray or depict material in a way which discriminates against or vilifies a person or section of the community on account of their gender. The Board determined that the advertisement did not breach Section 2.1 of the Code. The Board considered whether the advertisement was in breach of Section 2.2 of the Code. Section 2.2 of the Code states: Advertising or marketing communications should not employ sexual appeal in a manner which is exploitative and degrading of any individual or group of people. The Board noted that in order to be in breach this section of the Code the image would need to use sexual appeal in a manner that is both exploitative and degrading. The Board noted that the campaign features an image of a male body which would appeal to the target audience of adult men and women who would likely purchase product from the store. The Board considered that there was a clear connection with the product in the image and the availability of a broad range of hemp products in store. The Board noted that the complainants concern that the text get your hands on the good stuff is suggestive of touching the man. The Board agreed that there is a suggestion that the good stuff referred to in the image is the man s body, however the Board considered that this reference is mildly sexualized and is a positive association to the man s body rather than a degrading reference. The Board noted that the use of this phrase is intended to be lighthearted and clever and as a slogan over the existing image does not amount to an overall tone that is degrading to men. The Board considered that showing a naked male torso in this manner was not degrading to the man and was not using sexual appeal in a manner that is both exploitative and degrading and did not breach Section 2.2 of the Code. The Board then considered whether the advertisement was in breach of Section 2.4 of the Code. Section 2.4 of the Code states: Advertising or Marketing Communications shall treat sex, sexuality and nudity with sensitivity to the relevant audience. The Board noted that it had previously dismissed a similar advertisement for the same advertiser that featured a supersize bottle of shower gel tucked into the towel around a man s waist and the wording wake up with a big one. (0103/14). In that case the Board noted that: whilst the advertisement does employ sexual innuendo in the Board s view it is unlikely that young children would understand the reference. The Board noted that the advertisement features a large bottle of shower gel and considered that a reasonable interpretation is that you should wake up with a shower and using a large bottle of shower gel can be part of that morning ritual. The Board noted the distinction between the target audience of the advertiser and the relevant audience of the advertisement. The Board noted that the poster advertisement is displayed in a shop window where a broad audience would be able to view it. The Board therefore considered the relevant audience of this advertisement is very broad, including children. The Board noted that advertisements displayed in such forms of media cannot be filtered by parents to prevent children viewing them. The Board expressed concern that poster advertising must ensure that it its sensitive to a broad audience. Consistent with the decision in case (0103/14), in the current matter, the Board noted the connection between the slogan and the image could reasonably be interpreted as getting your hands on the good stuff meaning to purchase the soap product because of its superior quality as a body washing product. The Board considered several factors for the promotion of a body

7 wash product for adults, including the mild level of sexual suggestion in the advertisement. Recognising that the level of nudity was acceptable and no genitals were shown, the Board considered that the advertisement did treat the issue of nudity with sensitivity to the relevant broad audience. The Board noted that the soap is being held by the man in front of his genitals and considered that the depiction of a naked man holding soap is not inappropriate in the context of an advertisement for a bath or shower product. The Board noted that the man s private areas were completely covered up and considered that the level of nudity was mild and not inappropriate for a shop window display where a broad audience, including children could view it. The Board considered that the advertisement did treat the issue of sex, sexuality and nudity with sensitivity to the relevant audience and did not breach Section 2.4 of the Code. The Board then considered section 2.6 of the Code. Section 2.6 of the Code states: Advertising or Marketing Communications shall not depict material contrary to Prevailing Community Standards on health and safety. The Board noted the complainants concern that the inclusion of an image of a hemp leaf in connection with the slogan get your hands on the good stuff is encouraging drug use. The Board noted that the hemp range of products are recognized broadly by the community as being an ingredient in toiletries sold at the Body Shop. The Board noted that the image of the leaf is clearly attached to the rope as part of the soap product and it is evident that it is not part of the plant itself. The Board agreed that most members of the community would understand the association between the product and the use of hemp as an ingredient in the making of the product. The Board noted that there was no evidence of drug use in the image and no drug paraphernalia surrounding the main image or text. The Board considered that the use of the leaf was to highlight the ingredient within the product and to shield the man s genitals. The Board considered that as there was no depiction of inappropriate drug use or reference to encouraging drug use, the advertisement was not found to be in breach of section 2.6 of the Code. Finding that the advertisement did not breach the Code on any other grounds, the Board dismissed the complaints.